MARKETINGIQ, LLC TERMS OF SERVICE

Effective Date: June 8, 2025

You should carefully read this Terms of Service (the “Agreement” ) and the MarketingIQ, LLC Privacy Policy, which is incorporated by reference herein. This Agreement governs the relationship between you and MarketingIQ, LLC, including its parents, subsidiaries, representatives, affiliates, officers, and directors (“MarketingIQ,” “we,” “our,” or “us”) regarding your access to and use of the MarketingIQ website at MarketingIQ.com (the “Website”) and all of the MarketingIQ services, content and products (collectively, the “Services”).

TERMS AND BINDING EFFECT

This is a legally binding Agreement, and you should read it carefully. By accessing or using the Website or Services, you hereby agree to abide by this Agreement, as it may be amended by us from time to time in our sole discretion and without any notification to you. If we amend this Agreement, the effective date of the amended Agreement will be stated on the Website. It is your responsibility to review this Agreement periodically, and if at any time you find this Agreement unacceptable, you must immediately cease all use of the Website and Services.

PRIVACY

To provide the Services, MarketingIQ needs information about you, and we only use your information where we have a legal basis to do so. Please read and review our Privacy Policy to understand what information we process, how we use it, and what choices you have when you access and use our Website and Services.

AGE OF USERS

Any child under the age of 18 should not access or use the Website or the Services.

YOUR OBLIGATIONS

When accessing or using our Services, you agree to obey the law and respect the intellectual property rights of others. By registering for, accessing, or using our Services in any way, you agree to the following:

  • You agree not to access or use our Services in an unauthorized manner;
  • You agree that your access and use of our Services is at your own risk, and that you will not use our Services to violate any applicable law, regulation, or instructions stated in this Agreement and you will not encourage or enable any other person to do so.
  • You agree not to harass or threaten any person;
  • You agree not to use any harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language;
  • You agree not to cheat, hack or make any attack on our server(s) in any way;
  • You are prohibited from renting, selling, gifting, or giving away your Account or Account-related information;
  • You agree not to transmit any material that contains viruses, worms, traps, or malicious computer code;
  • You agree not to attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems, or networks;
  • You agree not to copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services;
  • You agree not to create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods, or any unauthorized third-party code or software that can be used to interfere with, alter, or modify our Services, or that can be used in conjunction with our Services;
  • You agree not to disrupt the normal flow of the application and dialogue, or otherwise act in a manner that negatively affects other people’s ability to use the Services;
  • You agree not to collect, process, or store personal data about other people using the Services;
  • You agree not to impersonate another person; and
  • You agree not to use any of our trademarks, service marks, or tradenames, or any variations or misspellings thereof.

You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any information you provide or transmit, or that is provided or transmitted using your Account. In the event that you become aware of or reasonably suspect any infringement of our copyrights or trademarks, you will immediately notify and report to us any such infringement. We reserve the right to terminate your receipt, transmission, or other distribution using our Services.

We may terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with this Agreement; (b) we suspect fraud, cheating, or misuse by you; or (c) we suspect any other unlawful activity associated with your Account or behavior.

OWNERSHIP

All rights, title, and interest to the Website and Services, including without limitation all software (including server software), computer code, the Website, methods of operation, and documentation appearing and/or originating in our Website and Services, are owned by or licensed to MarketingIQ and are subject to copyright and other intellectual property rights under applicable laws and international conventions. Neither this Agreement nor your use of the Website and Services convey or grant to you any rights in or related to the Website or Services, except for the limited license granted in the section “Limited License” below.

PAYMENT OBLIGATIONS

Payments

MarketingIQ has the right to store certain information about your payment methods. You must promptly update your payment method and related information (for example, a change in your billing address or credit card expiration date) to maintain its accuracy and completeness. You agree that we may collect amounts owed using any legal manner without prejudice to any other right or remedy we may be entitled to under this Agreement or by law. In the event that we bring any action to collect any amounts owed, we will be entitled to recover our costs, including reasonable attorneys' fees incurred in such collection. Any amounts past due will be subject to a late fee of the lesser of 1.5% per month or the maximum amount permitted by law.

Fees, Refunds And Return Policy

All sales through the Services are final. You acknowledge and agree that any applicable fees and other charges are not refundable in whole or in part. You are fully liable for all charges to your Account.

ACCOUNTS AND PASSWORDS

To use this Website or Services, you need to open an account or otherwise register (an “Account”). You must complete the process by providing and maintaining current, accurate and complete information as requested on the applicable form, and maintaining the confidentiality of your password. You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password. You are fully responsible for all activities that occur through the use of your Account and password. We are not responsible or liable for any loss or damage that may occur as a result of someone else using your password or Account, either with or without your knowledge. We reserve the right to terminate your access to the Website and Services should we in our sole discretion consider your access to and use of the Website and Services to be inappropriate in any way.

UPDATES TO OUR SITES AND SERVICES

You understand that our Website and Services are developing and evolving. While we will make reasonable efforts to inform you of any such updates, you acknowledge and agree that we may update our Website and Services, with or without informing or otherwise notifying you.

LINKS TO THIRD-PARTY WEBSITES

Any links to third-party websites found within the Website or Services are provided solely as an added convenience to you. We have neither reviewed the contents of these third-party websites nor do we claim any responsibility for the content or suitability of these third-party websites and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of pages accessed by such links. The inclusion of links does not imply endorsement of the third-party websites by us or any association with their operators.

PROHIBITED USES

MarketingIQ imposes certain restrictions on your permissible use of the Website and Services. You are prohibited from violating or attempting to violate any security features of the Website or Services, including, without limitation,: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by MarketingIQ in providing the Website or Services.

LIMITED LICENSE TO USE THE WEBSITE AND SERVICES

Subject to your agreement and continuing compliance with this Agreement and any other relevant MarketingIQ policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Website and Services. Any use of the Website or Services in violation of any imitations in this Agreement is strictly prohibited and can result in the immediate revocation of your limited license.

COPYRIGHT INFRINGEMENT

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted. For this notification to be effective, you must provide it in writing and addressed to MarketingIQ LLC, 230 East Hubler Road, State College, PA 16801, USA, or emailed to info@marketingiq.com.

ALLEGED VIOLATIONS

MarketingIQ LLC reserves the right to terminate your use of the Website and the Services. To ensure that we provide a high quality experience for you and for other users of the Website and the Services, you agree that we or our representatives may access your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized access to or uses of the Websites or the Services in accordance with the terms and provisions of the Privacy Policy. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your Account or your access to the Websites and Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated any terms of this Agreement.

NO WARRANTIES

MARKETINGIQ HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE, SERVICES, AND OTHER INFORMATION WE MAKE AVAILABLE TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, SERVICES, AND OTHER INFORMATION WE MAKE AVAILABLE TO YOU , INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE, SERVICES, AND OTHER INFORMATION WE MAKE AVAILABLE TO YOU WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE WEBSITE, SERVICES, AND OTHER INFORMATION WE MAKE AVAILABLE TO YOU MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE THEREOF.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETINGIQ SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE WEBSITE OR SERVICES , WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARKETINGIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, MARKETINGIQ SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAID TO US FOR YOUR USE OF THE WEBSITE AND SERVICES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MarketingIQ, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including but not limited to all attorney fees and costs) arising from your access to or use of the Website and Services, your violation of this Agreement, or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

TRADEMARK

Unlawful use our trademarks or service marks is strictly prohibited. Such trademarks and service marks shall include, but are not limited to, “MarketingIQ”.

DISPUTES AND GOVERNING LAW

If a dispute arises between you and MarketingIQ, we encourage you to first contact MarketingIQ directly to seek a resolution by contacting us at info@marketingiq.com.

Mandatory Informal Dispute Resolution

If you have any claim, controversy or other dispute arising out of or relating to this Agreement, our Privacy Policy, or your access to or use of the Website and Services (a “Dispute”), prior to filing any claim in any forum, you agree to first send a detailed notice ("Notice") to us by: (i) email at info@marketingiq.com and (ii) first class, certified mail addressed to MarketingIQ LLC, 230 East Hubler Road, State College, PA 16801, USA. Your Notice must contain all of the following information: (i) your full name; (ii) your address, telephone number, and email address associated with your Account; (iii) information sufficient for us to identify any transaction, product, or services at issue; and (iv) a detailed description of your Dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it, and (v) your personal signature. If MarketingIQ has a Dispute with you, we agree to first send a detailed Notice to your email address listed for your Account or via any other contact information you have made available to us. Our Notice will likewise set forth: (i) information sufficient for you to identify any transaction at issue; and (ii) a detailed description of our dispute, the nature, and basis of our claims and any relief we are seeking. Your Notice must be individualized, meaning it can concern only your dispute and no other person's dispute.

You and MarketingIQ agree to negotiate in good faith about the Dispute in an effort to swiftly resolve it without the need for a formal proceeding. If requested by us, you and we agree to personally meet and confer, via videoconference, in a good-faith effort to resolve any claim covered by this Agreement. For sake of clarification only, this conference shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution conference, unless mutually agreed by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.

If for some reason this process does not resolve the Dispute within sixty (60) days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or we may initiate an arbitration. You and we agree that compliance with and completion of this mandatory informal dispute resolution is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal process. Unless prohibited by applicable law, the arbitration administrator shall not move forward with the administration of any demand upon written notice from us that the other party has not complied with the informal process. A court shall have the authority to enjoin the filing or prosecution of arbitrations without the demanding party first providing a fully completed Notice and participating in good faith in this informal dispute resolution process. If we and you are not able to resolve the Dispute informally, then the below dispute resolution provisions will govern any Dispute. If you live outside of the United States, some mandatory provisions of your local consumer protection law, if any exist, may also apply to the Dispute.

Dispute Resolution

You or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. In the event that a Dispute is nor resolved pursuant to the above mandatory informal dispute resolution process or in small claims court, you and we agree that any Dispute will be settled by binding arbitration in accordance with the dispute resolution provisions detailed in this section. You and we both agree to waive the right to a trial by jury. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this Agreement will be only on an individual basis; you agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. In other words, you waive your right to bring a lawsuit against us in court (other than small claims court), and you waive your right to participate in a class action against us. Further, unless you and we agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.

Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If any provision of this agreement to arbitration is unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

Should the arbitrator determine that your claim is frivolous, we may seek to recover from you any arbitration fees paid by us and our attorney's fees. Similarly, if you prevail on any claim for which you are legally entitled to recover attorney’s fees, you may recover those fees from us.

All disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. The Demand must describe the nature and basis for the claim and include all of the information required in the Notice. Arbitration hearings will take place through videoconferencing by default. If you and we agree in writing to an in-person arbitration, the arbitration hearings will occur in State College, Pennsylvania, or another mutually agreeable location. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. Any award of damages by an arbitrator must be consistent with the Disclaimer of Warranties and Limitations of Liability sections set forth in this Agreement, except as otherwise provided by applicable federal, state, or local law. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Website and Services.

Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state or federal courts for State College, Pennsylvania. You irrevocably consent to the personal and exclusive jurisdiction of, and venue in, such courts, and waive any objection to any proceedings brought in any such court.

Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees are set forth in the JAMS rules. Either party may make a request that the arbitrator award attorneys' fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith, or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS rules.

You agree that all disputes between you and MarketingIQ shall be governed by the laws of the State of Pennsylvania without regard to conflict of law provisions.

Notice to Florida Users

The Florida Consumer Collection Practices Act (FCCPA) may apply to you. By accessing or using the Website or Services, you consent, for purposes of the FCCPA, that MarketingIQ can contact you by email, text or other electronic communication at any time of day, including after 9:00 pm or before 8:00 am.

Notice for California Users

California Civil Code Section 1789.3 may apply to California users of the Website and Services. The Website and Services are provided by MarketingIQ, LLC, MarketingIQ LLC, 230 East Hubler Road, State College, PA 16801, USA, telephone number 814-466-0586. If you have a question or complaint regarding the Website or Services, please contact us at info@marketingiq.com. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing-impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.

Privacy Policy

To learn about our collection and use of your information, read our Privacy Policy here.

GENERAL PROVISONS:


SEVERABILITY

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

MODIFICATIONS

MarketingIQ may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Website and/or the Services; and (c) discontinue the Website and/or Services at any time. We shall post any revision to this Agreement to the Website, and the revision shall be effective immediately on such posting. You agree to review this Agreement and the MarketingIQ Privacy Policy to be aware of any revisions.

ASSIGNMENT

MarketingIQ may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without your approval. You may not assign and/or delegate any of the rights or obligations you have under this Agreement unless you obtain MarketingIQ’s prior written approval. Any such assignment and/or delegation without MarketingIQ’s prior written approval is ineffective and in violation of this Agreement.

FORCE MAJEURE

MarketingIQ shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MarketingIQ, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MarketingIQ’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.

SURVIVAL

In addition to other provisions that, by their terms, survive any termination of your Account, or the Services, the following sections shall survive any such termination: Ownership, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

ENTIRE AGREEMENT

This Agreement, including any additional policies and documents referenced in this Agreement, are the entire agreement between you and MarketingIQ. They supersede all prior understandings between you and MarketingIQ, regardless of the medium (oral, written electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.

NO WAIVER

Any failure of MarketingIQ to enforce any right or provision in this Agreement shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing. The express waiver by MarketingIQ of any provision, condition, or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in this Agreement, no representations, statements, consents, waivers, or other acts or omissions by MarketingIQ will be deemed a modification of this Agreement or legally binding, unless documented in a writing signed by both you and a duly appointed officer of MarketingIQ.

NOTICES

We may give notice to you via: (i) postings on the Services; (ii) email, telephone, or text message to any email address or phone number associated with your Account; or (iii) written communication sent by mail to any address associated with your Account. All notices given by you or required from you under this Agreement must be in writing and addressed to MarketingIQ, LLC, Attn: Mike Clitherow, 230 East Hubler Road, State College, PA 16801, USA, or emailed to info@marketingiq.com. Any notices that you provide without compliance with this subsection will have no legal effect.

BY ACCESSING OR USING THE WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.